Thursday, January 29, 2026

Death Determination Errors Addressed in New Legislation

The goal in death determination is 100% accuracy: zero false positives. So, it is regrettable that we need legislation to address roles and responsibilities when a patient who was determined and declared dead is not dead. But we now have such legislation. 

Kentucky H.B. 510 provides that "during any organ donation recovery, preservation, or procurement activity ... a pause in procedure shall be initiated if any individual ... reports on any of the following: (1) Observed or suspected change in neurological status; (2) Observed or suspected indication of life; or (3) Uncertainty regarding the accuracy or completeness of neurological status or death declaration assessments."

Kentucky Rep. Nemes


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